On The Criminal Burden Of Proof Allocation

The distribution of the criminal burden of proof is a core problem to the theory of the Criminal Burden of Proof. The criminal burden of proof refers to that who undertakes the burden of proof in lawsuit and who undertakes the bad consequence at the end of final trial when it is not sure whether the statement is right or wrong. How to distribute the criminal burden of proof reasonably between the accuser and the accused will fatefully affect the outcome of dispute cases. How to fully guarantee the accused exercise defense rights, at the same time, assure the accuser complete prosecution task within the procedures prescribed by law efficiently and rationally? Probably the reasonable distribution of the criminal burden of proof and the accused undertake part of burden of producing evidence would be a vital solution to these problems.This thesis is divided into four chapters and the content is:Firstly, the author introduces the criminal burden of proof of Roman law as well as the criminal burden of proof in modern civil law system and Anglo--American law system. The conception and distribution of the criminal burden of proof are introduced and summarized respectively. Additionally, main characteristics and differences between the two different law systems are concluded. Then the author defines the conception of the criminal burden of proof in China as the foundation of double meaning said.Secondly, the author analyzes the principle of presumption of innocence and principle of balancing of interests in this part. The presumption of innocence means that the criminal burden of proof is undertaken by the accuser. The criminal burden of proof undertaken by the accused is the exception of distribution of burden of proof. That reflects the choice and decision of truth and guaranteeing of the human rights. The principle of balancing of interests means part of criminal burden of proof will be distributed to the defendant based on considering variety of comprehensive factors in some special criminal cases. In criminal lawsuits, part of the burden of proof would be assigned to the defendant mainly consider the following factors:the criminal policy; litigation justice; litigation convenience.Thirdly, the author analyzes the allotment of the criminal burden proof concretely in China. According to the principle of presumption of innocence, the criminal burden proof is undertaken by the accuser. Considering the principle of balancing of interests, part of burden of producing evidence would be allotted to the accused. The characteristics of the defendant performing provide evidence responsibility also be analyzed. In addition, the author analyzes the roles of the investigating agency and the people's court in this part:the investigating agency work as an auxiliary agency when the prosecution prove cases in criminal lawsuits, the people's court have obligation to find out the truth but do not bear criminal burden of proof.Finally, the author in this part analyzes the connotations and differences between the transfer of criminal burden of proof and the inversion of criminal burden of proof. The transfer of the criminal burden of proof is the transfer of provide evidence responsibility to promote litigation. However, the inversion of criminal burden of proof is the inversion of the burden of persuasion.